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Who should attend Creative Strategies For Handling Construction Defect Claims
This seminar is designed for attorneys, project managers, presidents and vice presidents, contractors, subcontractors, developers, principals, architects, engineers, property owners and managers, insurance professionals and real estate agents
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Creative Strategies For Handling Construction Defect Claims  

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This seminar is designed for attorneys, project managers, presidents and vice presidents, contractors, subcontractors, developers, principals, architects, engineers, property owners and managers, insurance professionals and real estate agents

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Seminar Summary:

This full day seminar will provide important and valuable information that will help the attendee learn from the fundamentals of construction defect claims cases with the advantage of understanding claims from all perspectives. (see full course description)

 
 

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Training Course Syllabus:


This seminar is designed for attorneys, project managers, presidents and vice presidents, contractors, subcontractors, developers, principals, architects, engineers, property owners and managers, insurance professionals and real estate agents.

This full day seminar will provide important and valuable information that will help the attendee learn from the fundamentals of construction defect claims cases in California with the advantage of understanding claims from all perspectives.

Topics will include:

• Anatomy Of A Construction Defect

• Protecting The Project

• Senate Bill 800

• The Construction Defect Case

• The Mold Case

• Mediation

• Presenting The Construction Defect Trial

9:00 a.m. - 9:10 a.m.

I. Overview Of The Seminar And Introductions

9:10 a.m. - 10:30 a.m.

II. Anatomy Of A Construction Defect

A. Modern Materials And Products

1. Exterior Insulation And Finish

Systems

2. Exterior Gypsum Board Sheathing

3. Single Coat Stucco

4. Polymer Modified Stucco

5. Brick Veneer

6. Store Front Curtain Wall Systems

7. Ganged Windows

8. Multi-Component Window Systems

B. Developer Requests/Concerns

1. Balconies Over Living Spaces

2. Smooth Finish Stucco

3. Visible Sheet Metal Flashing

4. Monolithic Exteriors

5. Lightweight Exteriors

C. Design Considerations

1. Cost/Benefit Analysis For

Important, But Concealed

Components

2. Professional/Ethical Considerations

3. Input Regarding Material Selection

4. Observation v. Supervision

D. Contractor Coordination Issues

1. Construction Management

2. Multiple Prime v. General

Contractor

3. Shop Drawings

F. Quality Control/Quality Assurance

1. Non Conformity With Contract

Documents

2. Code Compliance

3. Industry Standard

10:30 a.m. - 10:45 a.m.

Break

10:45 a.m. - 12:00 p.m.

III. Protecting The Project

A. Construction Contracts

1. Types Of Builder Contracts

2. Plans And Shop Drawings

3. Project Specifications

B. Contractual Indemnity

C. Insurance

1. Types Of Insurance

2. Key Policy Exclusions

3. Awareness Of Self-Insured

Retentions And Deductibles

4. Effect Of AAS v. William Lyon Co.

On Insurance Disputes

D. Senate Bill 800 Issues

E. Early Dispute Resolution – Ethics And Liability Regarding Handling Owner Complaints

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

(Speakers Available For Informal Discussion)

1:00 p.m. - 2:00 p.m.

IV. The Construction Defect Case

A. Predash Litigation Statutory Requirements

B. Determine Host Of Defendants

1. Direct Defendants

2. Reliance Of General Contractor

C. The Case Management Order

D. Selecting The Experts

1. Advocate v. Expert

2. Defined Areas Of Expertise

E. Destructive Testing

1. Pre-Litigation

2. Joint Testing

3. Cost Sharing

4. Document Results

5. Scope After AAS/S.B. 800

2:00 p.m. - 3:00 p.m.

V. The Mold Case

A. Water Intrusion

B. Paper Faced Products In Building Envelope

C. Title 24 Requirements And Impact Air Quality

D. Mold Species – Health And Safety Considerations

E. Heightened Scrutiny/Stachybotrys

F. Investigation Protocol

G. Impact On Construction Defect Litigation

1. Expert Witnesses

2. Proper Investigation

3. Method And Cost Of Repair

4. Relocation

H. Remediation

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:00 p.m.

VI. Mediation

A. Special Master/Mediator/Discovery Referee

1. All In One v. Separate

B. When To Start

1. Early And Often v. Single Effort

C. Get The Mediator Up To Speed

1. Letter Briefs

2. Early Demands/Offers

3. Continual Information Flow

D. Interaction With The Court

E. Private Discussions With Principals

F. Private Discussions With Carriers

G. How To Get Insurer Home Office Participation

4:00 p.m. - 4:30 p.m.

VII. Presenting The Construction Defect Trial

A. Use Of Technology In The Courtroom

1. Equipment Considerations

2. Kinds Of Evidence To Be Digitized

3. Preparation Issues

4. Opposing Counsel Issues

B. Technology Support In Mediation, Technical Exchanges And Trial

VIII. Questions And Answers

Seminar Summary:

This full day seminar will provide important and valuable information that will help the attendee learn from the fundamentals of construction defect claims cases with the advantage of understanding claims from all perspectives. (see full course description)

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